7-1 1 EXCAVATIONS

The purpose of this article is to safeguard life, health, property and the public welfare by establishing minimum requirements for grading, fills and excavations and the prevention of environmental and other damage, and to prescribe procedures by which these requirements may be enforced. The provisions of this article shall not be construed as waiving any requirements imposed by state statutes or regulations or other provisions of this Code. [Formerly numbered Section 13-1; renumbered by Ord. No. 3058, eff. 2/21/87; 2482.]

7-1-102: EXEMPTIONS:

The provisions of this article shall not apply to:

A. Work accomplished upon land owned and controlled by the United States of America or by the State of California and which is performed pursuant to a public program of some agency thereof;

B. Drainage channels and structures constructed by or under contract with the City or by the Los Angeles County Flood Control District;

C. Any excavation, removal, fill or deposit of any earth or other materials within a property which is dedicated or used, or to be used, for cemetery purposes, provided that such work is performed for burying the dead and does not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property not owned by the cemetery authority;

D. Any grading operation which is conducted during a period of civil emergency or natural disaster and which is directly connected with or related to relief of conditions caused by such emergency or disaster;

E. The depositing of rubbish or other material at any reclamation or rubbish disposal site operated by the City and grading work performed as part of such operation;

F. Any work done in City streets, sidewalks, alleys, parkways or easements by the City or pursuant to a permit issued under the provisions of Article 2 of this chapter;

G. Excavations for utilities installed pursuant to permits issued by the Community Development Department. [Formerly numbered Section 13-2; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-103: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, the following terms shall mean:

AS-GRADED: The surface conditions existing on completion of grading.

BENCH: A relatively level step excavated into earth material on which fill is to be placed.

CERTIFICATION: A written engineering or geological statement that all inspections, measurements, and tests considered necessary were performed and that the grading was completed in accordance with all recommendations made and in conformance with the approved plans and the applicable requirements of this code.

CIVIL ENGINEER: A professional engineer registered by the State to practice in the field of civil engineering.

COMPACTION: The densification of a fill by mechanical means.

DIRECTOR: The Community Development Director or their designee.

ENGINEERING GEOLOGIST: A geologist registered by the State as a certified engineering geologist experienced and knowledgeable in engineering geology.

EXCAVATION: Any act by which earth, sand, gravel, rock or other material is cut into, dug, removed, displaced or relocated, and shall include the conditions resulting therefrom.

EXISTING GRADE: The grade prior to the proposed grading.

FILL: Any act by which earth, sand, gravel, rock or other material is deposited and shall include the condition resulting therefrom.

FINISH GRADE: The final grade of the site which conforms to the approved plan.

GRADE: The vertical location of the ground surface.

GRADING: Any excavation or fill or combination thereof and shall include the conditions resulting from any excavation or fill.

HILL AREA: All of the City northeasterly of Kenneth Road.

KEY: A designed compacted fill placed in a trench excavated in existing earth or previously graded material beneath the toe of a proposed fill slope.

ROUGH GRADE: The stage at which the grade approximately conforms to the approved plan.

SITE: One or more contiguous lots or parcels of land under the same ownership, whether or not separated by a street or streets.

SLOPE: An inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance, i.e., commonly expressed as two to one (2:1), one and one-half to one (1 1/2:1), etc.

SOILS ENGINEER: A civil engineer or soils engineer, registered by the State and experienced and knowledgeable in the practice of soil engineering.

TERRACE: A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. [Formerly numbered Section 13-3; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-104: PERMIT REQUIRED; EXCEPTIONS:

A. Permit Required: Except as otherwise provided in Section 7-1-102 and this section, no person shall commence or perform any grading and no person shall export or import any earth materials to or from any site without first having obtained a written permit from the Director. A separate permit shall be required for each site, but may include the entire grading operation at such site.

B. Exceptions: Permits shall not be required in the following instances:

1. An excavation which does not exceed two feet (2') in vertical depth at its deepest point measured from the original ground surface and which does not create a cut slope greater than five feet (5') in height and steeper than one and one-half (11/2) horizontal to one vertical and does not exceed one hundred (100) cubic yards of material;

2. A fill that does not exceed one foot (1') in vertical depth and is placed on natural terrain with a slope flatter than five (5) horizontal to one vertical at its deepest point measured from the natural ground surface, or less than three feet (3') in depth, not intended to support structures, which does not exceed fifty (50) cubic yards on any one lot and does not change the existing drainage pattern;

3. An excavation below finished grade for footings of a building, a swimming pool, a retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with material from such excavation nor exempt any excavation having an unsupported height greater than five feet (5') after the completion of such structure. [Formerly numbered Section 13-4; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-105: APPLICATION FOR PERMIT¹:

Application for grading permits required by this article shall be made in writing and filed with the Director. In addition to the information required by Section 3-6-202 of this Code, such applications shall include or be accompanied by the following:

A. Plans and Specifications: Two (2) sets of grading plans and specifications prepared and designed by a civil engineer or a licensed land surveyor shall be submitted, together with such supporting data as may be necessary to comply with the provisions of this section. The scale of the grading plans shall not be more than one inch equaling forty feet (1" = 40'), nor less than one inch equaling twenty feet (1" = 20'). The scale of details or sections shall not be less than one inch equaling one foot (1" = 1').

B. Other Information: The application and plans shall also include the following:

1. A vicinity sketch or other data adequately indicating the site location;

2. The legal description and street address of the property on which the work is to be performed, and the name and address of the owner;

3. The estimated cost of the work;

4. Property lines and dimensions and bearings of the property on which the work is to be performed;

5. Limits and quantities (in cubic yards) of cuts and fills;

6. Location of any buildings or structures on the property where the work is to be performed, and the location of any building or structure on land of adjacent property owners which are within twenty five feet (25') of the property boundary;

7. Contours showing the topography of the existing ground. Contour intervals shall be consistent with the existing terrain and shall be accurate to accepted mapping standards for the map scale. Contours shall be extended past the boundary lines of any project for a minimum of fifty feet (50'). Where unusual topography exists adjacent to a site, i.e., natural watercourses, etc., the contours shall be extended to include the same. Contour maps submitted pursuant to this subsection must bear the name of the person responsible for their preparation;

8. Elevations, dimensions, location, extent, and the slopes of all proposed grading shown by contours and other means;

9. A certification of the quantity and type of material of excavation and fill involved and estimated starting and completion dates;

10. Source of material to be used for fill or location to which excavated material will be removed or both;

11. Proposed routes for hauling material, hours of work and method of controlling dust;

12. Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with, or as part of the proposed work, together with a map showing the drainage area and calculated runoff of the area served by the drains, subdrain location and approximate length;

13. Structural engineering calculations and construction details prepared by a California registered civil or structural engineer for any retaining walls, shoring, bracing, or other structural protective devices;

14. Whether the applicant is the owner of the property on which the grading, excavating or filling is to be done and, if not, the name and address of the owner and written evidence of their consent;

15. Whether the site is being subdivided under the State Subdivision Map Act;

16. The name and address of the contractor who will be in charge or control of the work;

17. Any additional plans, drawings or calculations the Director may require because of special characteristics found to exist upon the grading site.

C. Engineering Geological Report: Unless waived by the Director, an engineering geological report shall be submitted based upon the grading plans. The engineering geological report shall be prepared and signed by an engineering geologist and shall include a description of the geology of the site, conclusions and recommendations regarding the effect of geological conditions on the proposed development, and a geologic map of sufficient detail as to portray the existing field condition. Recommendations included in the report and approved by the Director shall be incorporated into the grading plans.

D. Soil Engineering Report: Unless waived by the Director, a soils engineering report shall be submitted based upon the grading plans. Such report shall be prepared by a soils engineer and shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures, or other criteria as may be necessary. Recommendations included in the report and approved by the Director shall be incorporated into the grading plans or specifications.

E. Revised Grading Plans: If the soil or other conditions are not as stated in the application for a grading permit, the Director may require the submission of revised grading plans.

F. Waivers: The Director may waive the requirements for scale plans or drawings if it is found that the information on the application is sufficient to show that the work will conform to the provisions of this article. [Formerly numbered Section 13-5; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-106: GRADING PLAN CHECKING FEES:

Each application for a grading permit shall be accompanied by a plan checking fee in an amount designated in the Burbank Fee Resolution. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan checking fee for grading plans shall be based on the volume of the excavation and fill on the site. [Formerly numbered Section 13-6; Amended by Ord. No. 3280, eff. 1/4/92; 3153, 3058, 2482.]

7-1-107: ENVIRONMENTAL IMPACT REPORT:

If the Director determines that the grading may have a significant effect on the environment, an environmental impact report shall be prepared and processed in accordance with the requirements of Title 9, Chapter 3, Article 1 of this Code. If an environmental impact report is required, no grading permit shall be issued until a final environmental impact report has been prepared and considered by the issuing authority. [Formerly numbered Section 13-7; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-108: RESERVED:

[Deleted by Ord. No. 3280, eff. 1/4/92.]

7-1-109: RESERVED:

[Deleted by Ord. No. 3280, eff. 1/4/92.]

7-1-110: ISSUANCE OF PERMIT; CONDITIONS; REVOCATION:

A. General: The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application or on the grading plans and specifications approved by the Director at the time of issuance.

B. Responsibility of Permittee: The permittee and their agents, if any, shall carry out the proposed grading in accordance with the approved grading plans and specifications, the conditions of the grading permit and the requirements of this article and all other applicable laws and regulations. The permittee and their agents shall maintain all required protective devices and temporary drainage devices during the progress of the grading work and shall be responsible for observance of hours of work, dust controls and methods of hauling. The permittee or their agents shall be responsible for maintenance of the site until such time as a letter of completion has been issued by the Director. The permittee and their agents shall become subject to the penalties set forth herein in the event of failure to comply with this article and other applicable provisions of this code. No approval shall exonerate the permittee or their agents from the responsibility of complying with the provisions and intent of this article.

C. Jurisdiction of Other Departments: Grading permits issued under the provisions of this article shall not relieve the owner of responsibility for securing required permits for work to be accomplished which is regulated by any other provision of this code.

D. Tract Map Requirements: No grading permit shall be issued for import or export of earth materials to or from, and no grading shall be conducted on any unimproved acreage in the hill area unless a tentative tract map has been approved by the Council or a tentative parcel map has been approved by the City Planning Commission, or an affidavit is filed declaring the grading is not for subdivision purposes.

E. Access Routes: The Director, upon recommendation by the Public Works Director, may impose such regulations with respect to access routes to and from grading sites as the Director shall determine are required in the interest of safety of pedestrian or vehicular traffic. No permit shall be issued for the export or import of earth materials to or from a grading site involving ingress or egress on streets having less than thirty feet (30') in usable width, except upon the following conditions:

1. The size or type of hauling equipment shall be limited in accordance with the width and conditions of the street;

2. Traffic control devices, including flagpersons, signs and markers, shall be utilized at appropriate places along the designated routes of access to such sites;

3. Temporary no parking restrictions shall be imposed as provided in Section 6-1-1033 of this code along such routes when determined necessary by the Director upon recommendation by the Public Works Director.

F. Conduct of Grading Operations: No person shall excavate or fill so as to cause rocks, soil or debris in any form to fall, slide or flow onto adjoining properties or public ways.

G. Conditions: In granting a permit under this article, the Director shall attach such conditions as may be necessary to prevent danger to persons or property or unnecessary environmental damage.

H. Hours of Work: Grading operations shall not begin before seven o’clock (7:00) A.M. or continue later than ten o’clock (10:00) P.M. Exceptions from these limitations may be granted by the Director upon such terms and conditions as they may deem reasonably necessary.

I. Conformance With Zoning Regulations Required: No permit shall be issued for any grading or any export or import of earth or materials to or from any grading site except in compliance with the zoning and division of land regulations contained in Title 10 and Title 11, Chapter 1, respectively, of this code, the State Subdivision Map Act, and the General Plan of the City, for the area in which the grading is to be accomplished.

J. Completion of Work: The permittee shall fully perform and complete all of the work contemplated to be accomplished pursuant to the grading permit within the time limit specified in the permit. If the permittee is unable to complete the work within the specified time, they may, prior to the expiration of the permit, submit a written request for an extension of time in which to complete the work. The time specified on the grading permit may be extended for a period of not more than one hundred eighty (180) days, but no such extension shall release any surety upon the bond.

K. Entry Upon Premises: In the event of default in the performance of any term or condition of the grading permit, the surety or any person employed or engaged on behalf of the surety, shall have the right to go upon the premises to complete the required work. No application for a permit shall be filed unless such consent is included therein. It shall be unlawful for the owner or any other person to interfere with the ingress to or egress from such premises of any authorized representative or agent of any surety company or the City engaged in work ordered by the Director.

L. Consent Of Adjacent Property Owner: Whenever any excavation or fill requires entry onto adjacent property for any reason, the applicant shall obtain the written consent of the adjacent property owner or their authorized representative, and shall file a signed copy of such consent with the Director. No permit for such grading work may be issued unless and until all necessary consent documents are so filed.

M. Restrictions During Rainy Season:

1. That period between November 1 and the following April 15 is hereby found and determined to be the period in which heavy rainfall normally occurs in the City. During this period no grading work in excess of two hundred fifty (250) cubic yards may be commenced on any single grading site if the Director determines by inspection that such work will endanger the public health or safety.

2. If grading operations are to be conducted during such period, plans for erosion control devices shall be submitted to the Director and design approval obtained not later than October 1.

3. All persons performing any grading operations during such period shall put into effect all safety precautions which are necessary to protect public and private property and accessways. All loose dirt shall be removed from the grading site and adequate anti-erosion or drainage devices, debris basins, or other safety devices shall be installed to protect persons and property from damage of any kind. All temporary erosion control devices, including desilting basins, shall be installed and be operative not later than November 1 of each year.

N. Compliance: No person shall fail, refuse or neglect to comply with the following provisions:

1. All conditions imposed on grading permits pursuant to the provisions of this article.

2. All of the provisions of this article with respect to grading which were in effect at the time the grading permit was issued.

O. Notice of Hazard or Nonperformance: Whenever any construction or work is being done contrary to the provisions of this article, or not in accordance with the grading plans and specifications submitted and approved as the basis for the issuance of the grading permit or with any condition imposed in connection with such permit, or if public or private property is or may be endangered, the Director shall issue a written notice to the permittee or their agent or other responsible employee requiring cessation of work upon that portion of the site where noncompliance, hazard, or other violation has occurred or exists. The notice shall state the nature of the condition and shall contain sufficient information to apprise the permittee of the nature and extent of the correction required. No work shall be performed on said portion of the site unless and until the noticed condition is rectified and approved upon inspection of the Director, or unless, as a condition of continuing the work, special precautions agreeable to the Director are taken by the permittee. Failure of the permittee to take such precautions or rectify such condition, hazard, nonperformance, noncompliance or violation shall be grounds for revocation of the permit. [Formerly numbered Section 13-11; Amended by Ord. No. 22-3,983, eff. 12/16/22; 3460, 3280, 3170, 3058, 3048, 2482.]

7-1-111: GRADING PERMIT FEES:

A fee for each grading permit shall be paid prior to the issuance of the permit in an amount designated in the Burbank Fee Resolution. Double fees plus penalty will be assessed where grading has been accomplished without an authorized permit. The fee for a grading permit authorizing additional work on the site shall be the difference between the fee paid for the original permit and the applicable fee for the entire project. The amount of the fee shall be based on the volume of the excavation and fill on the site. [Formerly numbered Section 13-12; Amended by Ord. No. 3280, eff. 1/4/92; 3153, 3058, 2482.]

7-1-112: BONDS:

A. Bond Requirements: Whenever an application for a grading permit is filed for the excavation or fill of two hundred fifty (250) cubic yards or more in the hill area or for the excavation or fill of five hundred (500) cubic yards or more in other areas, and the nature of the work is such that if left incomplete it will create a hazard to human life or endanger adjoining property, or property at a higher or lower level, or to any street or street improvement or any other public property, the Director shall, before issuing the grading permit, require the applicant to guarantee faithful performance and payment of labor and material in an amount determined by the Director, which shall be not less than one hundred percent (100%) of the total estimated cost of the work, including corrective work necessary to remove or eliminate geological hazards. An additional cash deposit may be required by the Director in the form of a cash bond sufficient to cover the cost of site cleanup and debris removal. Where grading is required on property adjacent to the grading site to complete a project satisfactorily, the owner of the adjacent property need not provide additional security if the original guarantee is of sufficient amount to include such additional grading. Each bond and agreement shall remain in effect until the work authorized by the grading permit is completed and approved by the Director.

B. Type of Bond: A guarantee of faithful performance and payment of labor and material, when required under the provisions of this section, shall be provided by one of the following methods:

1. A bond executed by the applicant, as principal, and a corporate surety authorized to do business in the State of California, as surety, and in a form furnished by the Director and approved by the City Attorney.

2. A cash deposit with the City.

3. An instrument or instruments of credit from one or more financial institutions subject to regulation by the State or Federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment, and an agreement that the funds designated by the instrument shall become trust funds for the purpose of securing faithful performance and payment of labor and material. The instrument of credit and the agreement shall first be approved by the City Attorney.

C. Procedure on Default:

1. Whenever the Director shall find that a default has occurred in the performance of any term or condition of any grading permit, written notice of the fact of default shall be given to the principal and to the corporate surety, financial institution or the depositor, stating the work to be done, and the period of time deemed by the Director to be reasonably necessary for the completion of such work. Thirty (30) days after the receipt of such notice the principal or the surety shall perform or cause the required work to be performed by commencing and diligently prosecuting the work to its completion; but if they or either or both of them should fail to commence such work within thirty (30) days, or having so commenced the work fail, neglect or refuse to proceed diligently to complete the same within the time so specified in the notice, then the City may enter the premises and do the work, and the cost and expense of doing the work so specified shall be the obligation of the principal and the surety, and shall be a part of the terms of the performance bond in consideration of the issuance of the grading permit. The principal and surety of such bond, if any, shall upon completion of the work, be released from their obligation, after deducting and paying the City the cost of such work plus ten percent (10%) of the total cost of such required work.

2. If a cash bond has been posted, notice of default as provided by the preceding paragraph shall be given to the depositor, and if the depositor fails to cause the required work to be resumed as set forth in the notice within thirty (30) days after receipt thereof, the Director shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposited, or any portion thereof, and cause the required work to be completed by such mode as the Director deems convenient. After deducting the cost of such work plus ten percent (10%) of the total cost of such required work, the balance of such cash deposit, if any, shall, upon completion of the work, be returned to the depositor or the depositor’s successor or assigns.

3. If an instrument of credit is used to guarantee performance, notice of default shall be given, as provided in subsection C1 of this section, to the principal and to the financial institution issuing the instrument of credit, and if the principal fails to cause the required work to be resumed as set forth in the notice within thirty (30) days after the receipt thereof, the Director shall make a demand upon the financial institution for the payment of the estimated costs from the trust fund held by the financial institution pursuant to the agreement. Upon receipt of said sum, the Director shall proceed without delay and without further notice or proceedings whatsoever to use the sum, or any portion thereof, and cause the required work to be completed by such mode as the Director deems convenient. After deducting the cost of such work plus ten percent (10%) of the total cost of such required work, the balance of such sum, if any, shall, upon the completion of the work, be returned to the financial institution, its successors or assigns; but if the financial institution fails or refuses to pay over said sum, then Director shall proceed as in subsection C1 of this section and shall look to said institution for the costs and expenses of the work, and the contractual liability of such institution therefor shall be a term or condition of its agreement. [Formerly numbered Section 13-13; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-113: INSURANCE:

A. Public Liability And Property Damage Insurance: The contractor shall assume all responsibility for damages to property, including property of the City, or injuries to persons, including accidental death, which may be caused by the contractor’s performance of work under any grading permit, whether such performance be by the contractor, their subcontractor or anyone directly or indirectly employed by the contractor and whether such damage shall accrue or be discovered before or after completion or termination of their contract. The contractor shall take out and maintain during the life of the grading permit a comprehensive liability policy, including contractual liability, as shall adequately protect the contractor and the City from claims for such damages, naming the City as an additional insured under the policy in an amount sufficient in the estimation of the Director to protect the City.

B. Certificate of Insurance: The contractor shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. The City shall be named as an additional insured on a separate endorsement attached to the certificate. The separate endorsement shall contain a statement of the obligation on the part of the insurance carrier to notify the City of any material change, cancellation, or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, or termination. The required certificate of insurance and separate endorsement shall be furnished by the contractor prior to the issuance of the grading permit. No such certificate of insurance or separate endorsement shall qualify until it has been approved as to form by the City Attorney. [Formerly numbered Section 13-14; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-114: DESIGN STANDARDS FOR CUTS:

A. Slope: Excavations shall not be made with a cut face steeper in slope than one and one-half (11/2) horizontal to one vertical. The cut slope and the location of the drainage terraces shall result in an overall slope gradient of not less than one and one-half (11/2) horizontal to one vertical if the height of the slope exceeds one hundred feet (100'). Cut slopes shall not exceed a vertical height of one hundred feet (100') unless terrace drains with a minimum width of ten feet (10') are installed at each fifty feet (50') of vertical height. The Director may require the excavation to be made with a cut face flatter in slope than one and one-half (11/2) horizontal to one vertical if the Director has reason to believe that the material in which the excavation is to be made is unusually subject to erosion or if other conditions make such flatter cut necessary for stability and safety. An applicant or permittee may submit the report and recommendations of a retained engineering geologist or soils engineer for a steeper slope, and the Director shall consider and may approve a steeper slope, but shall not necessarily be bound by such report if the Director determines the public safety would be endangered thereby.

B. Unstable Slopes: If the material of the slope is of such composition and character as to be unstable considering all types of anticipated loading and moisture conditions, the engineering geologist and soils engineer shall, by testing and analysis, provide specific criteria for its stabilization by reduction of slope angle, buttressing, or by a combination of these or other means.

C. Rounding Slopes: All cut slopes shall be rounded into the existing terrain to produce a contoured transition from cut face to natural ground where conditions permit.

D. Location of Slopes: All cut slopes shall be within properties or parcels under one ownership, wherever possible, and in no event shall cuts be divided horizontally by property lines unless design criteria is submitted which in the estimation of the Director would provide adequate protection. Tops of cut slopes shall not be nearer than one foot (1') plus one-fifth (1/5) the height of the cut to a project boundary, but need not exceed a horizontal distance of ten feet (10') from the project boundary.

E. Terraces: Terraces shall be paved with concrete a minimum width of six and one-half feet (61/2'). The gradient of the terrace shall be between four (4) and fifteen percent (15%). Where only one terrace is utilized, it shall be placed at midheight for slopes exceeding fifty feet (50') vertical height. [Formerly numbered Section 13-15; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-115: DESIGN STANDARDS FOR FILLS:

A. Slope: No fill shall be made which creates any exposed surface steeper in slope than one and one-half (11/2) horizontal to one vertical.

B. Terraces: Fill slopes shall have one drainage terrace at least ten feet (10') wide for every thirty feet (30') of vertical height. Slopes of less than fifty feet (50') in height shall have a ten foot (10') minimum width terrace at midheight.

C. Placement of Fill: All fills shall be placed, compacted, inspected and tested in accordance with the following provisions:

1. The natural ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, unsuitable soil and, where natural slopes are five (5) horizontal to one vertical or steeper, by placing at least ten foot (10') wide keys and benches into sound bedrock or other competent material. Five feet (5') of the lowermost bench shall be exposed beyond the toe of the fill.

2. No organic material shall be permitted in fills. No rock or similar irreducible material with a maximum dimension greater than eight inches (8") shall be buried or placed in fills unless otherwise certified by the soils engineer. No material larger than eight inches (8") maximum diameter shall be placed within ten feet (10') of final grade.

3. The fill shall be spread in a series of layers. The maximum thickness of loose lifts shall be eight inches (8") and shall be compacted by sheepsfoot roller or other approved method after each layer is spread.

4. The moisture content of the fill material shall be controlled at the time of spreading and compaction to obtain required relative compaction.

5. All fills shall be compacted to minimum of ninety percent (90%) of maximum density as determined by the American Society for Testing and Materials Method D 1557-70 as modified by three (3) layer curve, or other approved testing method giving equivalent test results.

6. A field density test shall be taken for each two feet (2') of fill, or portion thereof, measured vertically from the lowest point of the area to be filled, and for each one thousand (1,000) cubic yards of fill placed. In addition, in the case of subdivisions, at least one field density test shall be taken on each platted lot which receives fill. Slope face test shall be required at one test per thousand (1,000) square feet but at no greater vertical interval than ten feet (10').

7. All fills regulated by this article shall be tested for relative compaction by a qualified soil testing agency. A certificate of compliance with the terms of this section and the grading permit, setting forth densities, relative compaction and other soil characteristics, and a statement regarding the relative stability of the as-graded site shall be prepared and signed by a soils engineer. This report shall be submitted to and approved by the Director before any final approval of the fill is given and before any building foundation construction begins.

8. Fills toeing out on natural slopes which are steeper than two (2) horizontal to one vertical shall not be permitted unless buttress effect can be shown to safely permit an exception.

9. Toes of fill slopes shall not be made nearer to a project boundary line than a minimum of five feet (5') or one-fifth (1/5) the height of the fill, but need not exceed a horizontal distance of ten feet (10'). Fill slopes shall not be divided horizontally by property lines unless design criteria is submitted which in the estimation of the Director would provide adequate protection.

10. Combined cut and fill slopes shall meet the requirements of subsections A and B of this section insofar as steepness, height, and benching are concerned except that where the slope exceeds twenty five feet (25') in height, the required drainage bench shall be placed at the top of the cut slope.

11. All fill slopes shall be rounded into the existing terrain to produce a contour or transition from fill face to natural ground where conditions permit.

D. Old Fills: All old fills shall be certified by the soils engineer or removed from the site.

E. Report and Inspections:

1. Periodic soils reports by a soils engineer certifying the compaction or acceptability of all fills will be required. These shall include but need not be limited to inspection of cleared areas and benches prepared to receive fill and removal of all unsuitable soil and material, the bearing capacity of the fill to support structures, the placement and compaction of fill materials, and the inspection of buttress fills, subdrains, and similar devices.

2. The Director shall require sufficient inspection by an engineering geologist to assure that all geologic conditions have been adequately considered. Where geologic conditions justify it, the Director may require periodic geologic reports. These inspections and reports may be required to include, but need not be limited to inspection of cut slopes, inspection of canyons during cleanout, recommendations with respect to ground water and earth material conditions, inspection of benches prior to placement of fill, possible spring locations, and determination of subdrain placement. [Formerly numbered Section 13-16; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-116: DESIGN STANDARDS FOR SETBACKS:

The tops and toes of cut and fill slopes shall be set back from the property boundaries as far as necessary for safety of the adjacent properties and to prevent damage resulting from water runoff or erosion of the slopes. The tops and the toes of cut and fill slopes shall be set back from structures as far as is necessary for adequacy of foundation support and to prevent damage as a result of water runoff or erosion of the slopes. [Formerly numbered Section 13-17; renumbered by Ord. No. 3058, eff. 2/21/87; 2482.]

7-1-117: DESIGN STANDARDS FOR DRAINAGE:

A. Terrace Drains: Paved concrete terrace drains shall be a minimum of three inches (3") thick, shall have a minimum width of six and one-half feet (61/2') in fill and six and one-half feet (61/2') in cut, and shall be installed on the face of all graded slopes at intervals not to exceed thirty feet (30') in fill and fifty feet (50') in cut measured along a vertical plane respectively. The longitudinal slope of terrace drains shall not be less than four percent (4%) nor more than fifteen percent (15%), and any change in rate of grade within these allowable slopes shall increase the grade in the direction of flow. A single run of a terrace drain shall not exceed three hundred feet (300') to a downdrain. A single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand five hundred (13,500) square feet (projected) without discharging into a downdrain; however, a larger area may be authorized if safely designed by the civil engineer and the safety and adequacy thereof is approved by the Director.

B. Diverter Terraces: Paved concrete diverter terraces, a minimum of three inches (3") thick, three feet (3') in width and one foot (1') in depth, constructed as required by the Director, shall be installed at the top of all cut slopes where the tributary drainage area above has a slope exceeding ten (10) horizontal to one vertical and a horizontal projection of greater than fifty feet (50').

C. Berms: Berms as required by the Director shall be constructed around the top slope perimeter.

D. Vee Channels: Where a slough wall is required at the toe of a slope, a vee channel shall be constructed behind the wall to carry off the slope waters.

E. Downdrains And Outlet Structures:

1. Open channel downdrains shall be of concrete, a minimum of three inches (3") thick, and shall have a diameter of a size required by runoff calculations, but not less than eighteen inches (18"). Open channel downdrains shall be designed by a civil engineer. The alignment of downdrains shall be such as to discharge water in a safe manner.

2. Outlet structures shall be of concrete. Where outletting into streets, the structure shall be of a design approved by the Director. Where outletting into natural watercourses or other approved locations, the structure shall be provided with adequate velocity reducers, diversion walls, riprap, concrete aprons, or any similar energy dissipator. All slope drainage shall be collected and disposed of in an approved drainage device.

F. Runoff Computations: Runoff shall be based upon the proper fifty (50) year isohyetal for “hillside” areas and a ten (10) year isohyetal for “nonhillside” areas, and the runoff calculation shall be based upon the latest methods approved by the Director.

G. Drainage Dispersal Wall: A drainage dispersal wall shall be constructed at the toe of the slope whenever it is necessary to convert channel flow to sheet flow.

H. Subdrains: All canyon fills shall have subdrains as required by the Director, except when soil conditions are such that a drain is not needed.

I. Site Drainage: All building pads with cut or fill shall slope a minimum of two percent (2%) to a public street, storm drain, or an improved easement. Where used, the drainage device shall be an adequately designed system of catch basins and drain lines which conducts the water to a street, storm drain or natural watercourse approved by the Director as a safe place to deposit such waters.

J. Maintenance of Drainage: Drainage in conformance with the provisions of this article shall be maintained during and subsequent to construction by the owner. [Formerly numbered Section 13-18; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-118: EXCAVATIONS:

Excavations shall not undercut any natural slope if the stability of a footing or foundation of any building or structure would be adversely affected, unless such footing or foundation is first properly underpinned or protected against failure. [Formerly numbered Section 13-19; renumbered by Ord. No. 3058, eff. 2/21/87; 2482.]

7-1-119: LANDSCAPING:

All cut and fill slopes greater than three feet (3') in height in the hill area shall be planted as required in this section. These slopes shall be immediately planted upon completion of rough grading and the installation of the irrigation system required by Section 7-1-120 of this article. Minimum requirements shall be:

A. Slopes shall be planted with grass or ground cover plants as approved by the Director and the Park, Recreation and Community Services Director. Other plants recommended by a State licensed landscape architect may be used if approved by the Director and the Park, Recreation and Community Services Director.

B. In addition to grass or ground cover plants, shrubs as approved by the Director and the Park, Recreation and Community Services Director having a minimum size of one gallon at an average ten feet (10') on center in both directions on the slope, or trees at an average of twenty feet (20') on center both ways, shall be used.

C. Drainage terraces shall be planted with shrubs, as approved by the Director and the Park, Recreation and Community Services Director having a minimum size of one gallon, a maximum of ten feet (10') on center, parallel to the terraces and within two feet (2') of the uphill side. Larger varieties may be staggered on each side of the bench as an alternate. [Formerly numbered Section 13-20; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-120: IRRIGATION:

A. General: All cut and fill slopes greater than three feet (3') in height in the hill area shall be irrigated with a sprinkler system to promote the growth of ground cover plants and other planting, and to protect the slopes against erosion, as required in this section.

B. Special Requirements For Sprinkler Systems: Plans for the sprinkler system shall be submitted to and approved by the Director and the Park, Recreation and Community Services Director prior to installation in accordance with the following criteria:

1. The sprinkler system shall be designed to provide a uniform water coverage at a rate of precipitation of not less than one-tenth inch (1/10") per hour nor more than three-tenths inch (3/10") per hour on the planted slope. In no event shall the rate of precipitation duration of sprinkling be permitted to create a saturated condition and cause an erosion problem, or allow the discharge of excess water into any public or private street.

2. A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem.

3. Adequate backflow protection shall be installed in each sprinkler system as set forth in the Uniform Plumbing Code as adopted by the City.

4. A functional test of each sprinkler system shall be performed by the installer for every sprinkler system prior to approval by the Director and the Park, Recreation and Community Services Director.

5. When more than one lot is included in the plan, the sprinkler system shall be so designed that all slopes may be initially watered through one meter maintained by the owner. Provisions shall be made so that individual slopes can be watered through individual water meters at each lot at the time the lot is developed.

6. Water conservation measures shall be specified and shall include, but not be limited to, water schedule, approved water efficient sprinkler heads and an annual maintenance check for water leakage and damage that impedes the sprinkler system’s watering capabilities. [Formerly numbered Section 13-21; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-121: INSPECTION AND SUPERVISION:

A. General: All construction or work for which a permit is required shall be subject to inspection by the City, and certain types of work determined by the Director to be likely to endanger or create a hazard to other property shall have either a continuous or constant inspection and supervision during all critical periods by a civil engineer, soils engineer and engineering geologist as a condition of issuance of the grading permit. Failure to do so shall be grounds for revocation of the permit. Prior to closing the grading permit, a final inspection shall be made of all construction or work for which the permit has been issued.

B. Exposure Of Work: Whenever any work on which called inspections are required, as specified in this section, is covered or concealed by additional work without having first been inspected, such work shall be exposed at the permittee’s sole expense for examination.

C. Notice: The owner or their agent shall notify the Director twenty four (24) hours in advance of the time when the grading operation is ready for each of the following inspections:

1. Initial Inspection: When the permittee is ready to begin work, but before any grading or brushing is started.

2. Toe Inspection: After the natural ground is exposed and prepared to receive fill, but prior to the placement of any fill.

3. Excavation Inspection: After the excavation is started, but before the vertical depth of the excavation exceeds ten feet (10').

4. Fill Inspection: After the fill emplacement is started, but before the vertical height of the lifts exceeds ten feet (10').

5. Drainage Device Inspection: After forms, pipe and wire mesh are in place, but before any concrete is placed.

6. Final: When all work, including installation of all drainage structures, other protective devices, irrigation systems, planting and slope stabilization has been completed and the as-graded plan and required reports have been submitted.

7. Other Inspections: In addition to the above referred inspections, the Director may make periodic inspections of the grading operations to ascertain compliance with the provisions of this article.

D. Responsibility of Permittee and Owner: The permittee and the owner shall provide sufficient professional supervisory control during the grading operation to ensure compliance with the approved plans and specifications and the provisions of this code. When required by the Director, the permittee shall avail themselves of geological and soils engineering services to implement the supervisory control of the permittee’s registered civil engineer.

E. Special Inspections: Where determined from the grading plans and site investigation that conditions warrant professional supervisory control, the permittee shall employ:

1. A registered civil engineer to supervise all grading.

2. A soils engineer to provide sufficient inspection as to ensure proper fill control over grading operations.

3. An engineering geologist to provide geological inspections. These inspections shall include, but not be limited to, the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and placement of subdrains or other ground water drainage devices. They shall report their findings to the soils engineer and the civil engineer and submit such findings to the Director.

F. Inspections Required: The employment of specialists to supervise the grading operation shall not be deemed to render unnecessary inspections described in this section. [Formerly numbered Section 13-22; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-122: MODIFICATION OF PLANS AND SPECIFICATIONS:

The permittee shall not deviate from the grading plans and specifications without the written approval of the Director. [Formerly numbered Section 13-23; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-123: RESPONSIBILITY OF CIVIL ENGINEER, SOILS ENGINEER, ENGINEERING GEOLOGIST AND TESTING AGENCY:

A. Notification of Noncompliance: If, in the course of fulfilling their responsibilities, the civil engineer, the soils engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with this article or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Director. Recommendations for corrective measures, if necessary, shall be submitted.

B. On Termination of Services: The civil engineer supervising the grading work shall immediately notify the Director in writing upon the termination of their services, and they shall not be held responsible for work taking place after that time. All work shall immediately stop upon the termination of the services of the civil engineer, soils engineer, or engineering geologist, whose name appears on the grading permit as having been approved to supervise the grading work, and it shall not commence again until the new approved civil engineer, soils engineer or engineering geologist certifies in writing to the Director that they have reviewed all phases of the project and is thoroughly familiar with it. Upon receipt of this notice, the Director shall immediately give written notice that work may proceed.

C. Transfer of Responsibility for Certification: If the civil engineer, the soils engineer, the engineering geologist or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of such replacement’s technical competence for certification upon completion of the work. [Formerly numbered Section 13-24; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-124: SAFETY PRECAUTIONS:

If at any stage of work on an excavation or fill the Director determines that the work is or is likely to become dangerous, or is likely to endanger any property, public or private, it shall be their duty to require safety precautions to be immediately taken as a condition to continuing such permit work or to require cessation thereof forthwith unless and until it is made safe, and to amend the plans for such work. After receiving such notice, oral or written, it shall be unlawful for the permittee or any person to proceed with such work contrary to said order. As soon as possible the Director shall make a report outlining the conditions observed and the pertinent soil, geological, and engineering information and shall mail or deliver a copy thereof to the permittee, but such order shall not be contingent upon the preparation or delivery of a report in those cases where hazard requires prompt action. [Formerly numbered Section 13-25; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-125: COMPLETION OF WORK:

A. Letter Of Completion: When it is found that the work authorized by the grading permit, including the installation of all drainage structures, irrigation systems, planting, and recommendations by the soils engineer and engineering geologist, has been satisfactorily completed in accordance with the requirements of this article, a letter of completion covering such work shall be sent to the permittee by the Director.

B. Final Reports: Upon completion of the work, the following reports and information, unless otherwise specified by the Director, shall be required:

1. An as-graded grading plan prepared by the civil engineer including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities. They shall also provide certification that the work was done in accordance with the final approved grading plan and this article.

2. A soil grading report prepared by the soils engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report. It shall also provide information as to locations and nature of tests, statements related to the expansive nature of soil and rock material, limits of compacted fill shown on the as-graded plan and certification as to the adequacy of the site for the intended use.

3. A geologic grading report prepared by the engineering geologist including a final description of the geology of the site including any new information disclosed during the grading and the effect of the same on recommendations incorporated in the approved grading plan. They shall provide certification as to the adequacy of the site for the intended use as affected by geologic factors. Where necessary, a revised geologic map and cross sections, and any recommendations regarding special building restrictions or foundation setbacks, shall be included.

4. A copy of as-graded grading plan printed on a thirty five millimeter (35 mm) microfilm. [Formerly numbered Section 13-26; Amended by Ord. 3280, eff. 1/4/92; 3058, 2482.]

7-1-126: MAINTENANCE OF PROTECTIVE DEVICES²:

The owner of any property on which grading or an excavation or fill has been made pursuant to a grading permit granted hereunder, and any other person or agent in control of such property, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, and other protective devices, including planting, and irrigation systems, shown in the approved plans and specifications submitted with the application for a grading permit or subsequently required by the Director. [Formerly numbered Section 13-27; Amended by Ord. No. 3280, eff. 1/4/92; 3058, 2482.]

7-1-127: HAULING; GRADING:

A. Routes: In cases where the Director designates the haul routes, such designation of routes shall take into consideration the most practical means of transporting the earth materials to or from the grading site consistent with the safety and welfare of residents along the routes.

B. Maintenance Of Roadways: All public roadways used by the permittee shall be maintained free from all dust, dirt, and debris caused by the grading operations.

C. Spillage: All vehicle loads shall be trimmed and watered, or otherwise secured, so as to prevent spillage from the equipment.

D. Equipment: In no event shall any export or import of earth materials to or from a grading site over dedicated and improved streets in the City be undertaken or conducted except by use of equipment which complies in all respects with the State Vehicle Code. [Formerly numbered Section 13-28; Amended by Ord. No. 3460, eff. 4/12/97; 3280, 3058, 2482.]

ARTICLE 2. EXCAVATIONS AND INSTALLATIONS IN PUBLIC STREETS

7-1-201: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates, the following terms shall mean:

EXCAVATION: Any opening in the surface of a street made in any manner whatsoever, except an opening into a lawful structure below the surface of the street, the top of which is flush with the adjoining street surface and so constructed as to permit frequent openings without injury or damage to the street.

FACILITY OR EQUIPMENT: Pipe, pipe line, tube, main, service, trap, vent, vault, maintenance hole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, cross arm or bracket, anchor, cable junction box, transformer or any other material, structure, or object of any kind or character not particularly mentioned herein, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any street or portion thereof.

INCIDENTAL EXPENSES: All expenses incidental to any work authorized by a permit under this article or incidental to the inspection, supervision or completion thereof, including a reasonable charge for overhead.

OBSTRUCTION: Any object, material, instrumentality or impediment in, upon, along, across, under or over any street, needed or useful for a limited period of time in performing or doing work in, upon, along, across, under or over such street or in or upon property in close proximity thereto, whether the same obstructs travel or not; provided, however, that a barricade, torch, light or sign when lawfully placed upon, along, or across a street in accordance with the provisions of this article shall not be considered an obstruction within the meaning of this definition.

OWNER: Includes the department of the City having control or jurisdiction over a building or land whenever the City is the owner thereof.

STREET BETTERMENT: Grading, paving of a street, gutter, sidewalk, crosswalk, step, seat, fountain, curb, driveway, tunnel, subway, viaduct, bridge sewer, connecting sewer, instrumentality of sanitation, together with the necessary outlet, drain, channel for drainage purposes with necessary outlet, pole, post, wire, pipe, conduit, lamp, ornamental light standard and any suitable or necessary appliance for the purpose of lighting any street, street or house number, letter or name, hydrant and appliance for fire protection, retaining wall, embankment, or any appliance, attachment or appurtenance in connection with any structure or object mentioned in this definition, or any similar structure or object which will improve the whole or any portion of any street.

STREET IMPROVEMENT: Any improvement, or portion thereof, which the City is authorized by law to make in, upon, along, across, under or over any street, or any instrumentality of the City used or useful in connection with travel on the street. [Formerly numbered Section 13-30; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-202: EXCAVATION/CONSTRUCTION AND STREET USE PERMITS; EXCEPTIONS:

A. Excavation/Construction Permits: No person shall do or perform any of the following acts without an excavation/construction permit to do so from the Public Works Director:

1. Make any excavation, tunnel or bore in or under the surface of any street;

2. Construct, erect, place, or repair any facility or equipment in, upon, along, across, under or over any street, or remove any facility or equipment from any street;

3. Repair, construct, reconstruct, erect or make any street betterment in, upon, along, across, under or over any street or remove any street betterment from any street when such work is done or performed by or at the instance and request of the owner of any real property abutting on said street;

4. Destroy or remove any street improvement in, upon, along, across, under or over any street;

5. Drive or operate any vehicle over any curb or sidewalk located upon any street at a point other than where a driveway has been constructed.

6. Any demolition, new construction, or remodeling which requires a permit from the Building Division and which could impact any street improvements.

B. Exceptions: Provided, however, that:

1. Any person maintaining any pipe, conduit, or pole in any street by virtue of any law, ordinance or franchise may proceed with an excavation without a permit as herein required when circumstances require the work to be done immediately for the preservation of the public peace, health, safety or welfare, provided the permit could not reasonably and practically have been obtained beforehand, but such person shall thereafter apply for a permit on the first regular business day on which the office of the Public Works Director is open for business and such permit shall be retroactive to the date when the work was begun; and

2. Any department of the City, upon the giving of a written notice to the Public Works Director describing the place and details of the same, may repair or replace a pole, pole line, tower, cross arm or bracket, transformer vault, meter boxes of larger than standard residential type, special valve boxes and fire hydrants in, upon, along, across, under, or over any street or remove the same from a public street without a permit as herein required when such work will not interfere with, disturb, destroy, or remove any street improvement; provided, however, that a permit shall be required for all new installations. Emergency repairs may be made without the giving of any notice as hereinabove required.

C. Street Use Permit: No person shall do or perform any of the following acts without a street use permit to do so from the Public Works Director:

1. Temporarily construct, place, leave or maintain any storage bin, container, unregistered vehicle or any other object on any City street or street right of way of the City including alleys;

2. Place any construction equipment, including cranes, in a public street or alley right of way of the City in conjunction with work being performed on adjacent property.

Any person performing any act under subsection C1 and C2 of this section shall place barricades, warning lights, or other devices at the location of any objects to the satisfaction of the Public Works Director.

All excavation/construction permits and street use permits may be issued at the discretion of the Public Works Director upon payment of all applicable permit fees.

D. Expiration Of Street Use Permits: All street use permits issued pursuant to subsection C of this section shall be issued for a period of not more than seven (7) days. All street use permits will automatically terminate after seven (7) days. Any street uses, as described in subsection C of this section, which exceed a seven (7) day period will become “encroachments” as defined in Section 7-3-701 of this title, and all regulations, fees, and inspection costs required for encroachment permits will apply.

E. Exemptions: Subsection D of this section shall not apply to the following street use permits:

1. The temporary placement of a refuse bin on any City street or street right of way of the City including alleys;

2. Annual Blanket Permits issued pursuant to Section 7-1-204 of this article.

Any street use permit may be extended beyond the seven (7) day limit at the discretion of the Public Works Director for special circumstances. [Formerly numbered Section 13-31; Amended by Ord. No. 3198, eff. 8/25/90; 3058, 2866.]

7-1-203: INSURANCE AND INDEMNITY FOR STREET WORK:

No excavation/construction or street use permit shall be issued under this article for work to be done in a City street, including driveway aprons, sidewalks, curbs and gutters, unless the applicant carries the following insurance to be maintained for the full effective period of the permit and any renewal thereof;

A. Bodily Injury Liability and Property Damage: Bodily injury liability and property damage insurance of a type and in an amount as specified by the Public Works Director, and on a form as approved by the City Attorney.

B. Underground and Collapse Insurance: When excavations are to be made and the Public Works Director determines that the interests of City require it, underground and collapse insurance shall be required in amounts to be specified by the Public Works Director and on a form as approved by the City Attorney’s office.

C. Insurance Must Protect City: Said insurance shall indemnify and save harmless the City, its officers, employees and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage, arising from the use of the premises or facilities of the City, and which may directly or indirectly arise from, grow out of, or be attributable to operations under the permit or contract. However, said insurance need not protect against injury or death occurring to any officer, employee, or representative while acting within the scope of their employment under the Workmen’s Compensation Act;

D. Notice of Cancellation: Said insurance shall provide that it will not be modified, changed or terminated until at least ten (10) days’ notice thereof has been filed with the City Clerk. Lapse or termination of such insurance shall automatically void the permit; and

E. Exceptions to Insurance And Indemnity Requirements:

1. Governmental Agencies: The United States of America, State of California, or any political subdivision, agency or department thereof, and the Burbank Unified School District, doing work directly with its own employees, need not furnish the insurance prescribed by this section;

2. Public Utilities: Public utility companies with net assets of not less than one million dollars ($1,000,000.00) under the jurisdiction of the State Public Utilities Commission may, in lieu of the above insurance requirement, file annually with the City Clerk a statement in affidavit form, duly authenticated by its president or vice president and secretary or assistant secretary, showing such net worth and indicating its election and agreement to be bound by the indemnification provision of this section. Such election, when approved as to form by the City Attorney, shall constitute an agreement to indemnify and save harmless the City, its officers, employees and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage, rising from the use of the premises or facilities of the City, and which may directly or indirectly arise from, grow out of, or be attributable to its operations or performance under the permit, as provided in subsection C of this section. [Formerly numbered Section 13-32; Amended by Ord. No. 3198, eff. 8/25/90; 3079, 3058, 2866.]

7-1-204: ANNUAL BLANKET PERMIT:

The Public Works Director may issue to any person operating under a franchise granted by the City, an annual blanket permit to place or repair any facility or equipment which does not interfere with, disturb, destroy or remove any street improvement, or involve the making of any excavation in or below the surface of the street. [Formerly numbered Section 13-33; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-205: APPLICATION FOR PERMIT AND ISSUANCE:

Any person desiring a permit under this article shall apply to the Public Works Director, describing specifically the location, nature and extent of the proposed work, the purposes thereof, and the right, if any, of the applicant to do such work. The application shall be accompanied by a plat in duplicate showing the location of each proposed excavation and the dimensions thereof and such other details as the Public Works Director may require. Where in the opinion of the Public Works Director, the work to be done is of a minor nature, the requirement for duplicate plats may be waived, and a sketch on the application form shall be submitted in lieu thereof. Applications for annual blanket permits need not be accompanied by a plat or sketch. If it appears that the applicant is lawfully entitled to do such work, or any portion thereof, at the place and in the manner proposed, the Public Works Director shall issue a permit for the doing of such work, or any portion thereof, as the case may be; provided, however, that no permit shall be issued by the Public Works Director until the applicant has paid the prescribed fee and deposited security for completion of the work as hereinafter provided. [Formerly numbered Section 13-34; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-206: EXCAVATION AND STREET USE PERMIT FEE AND DEPOSIT:

Prior to the issuance of a permit under the provisions of this article, the applicant shall:

A. Pay a fee designated in the Burbank Fee Resolution to the City, except that no fee shall be required of:

1. The City, Redevelopment Agency of the City of Burbank, or the Housing Authority of the City of Burbank;

2. The United States, State of California, or any political subdivision, governmental agency, or department thereof; and

B. Deposit or file with the City a sum of money, certified check payable to the order of the City, or other security approved by the City Attorney, in an amount sufficient to cover the cost of inspection and other incidental expenses and to guarantee restoration of the street to as good and perfect condition as it was before the work was begun. Such deposit shall remain in effect and shall be held by the City for a period of one year after the work of restoration is completed; provided, however, that when in the opinion of the Public Works Director the applicant’s work is of such a nature that the damages, if any, may be immediately determined, the amount of the deposit may be refunded when the work of restoration is completed or at any time within one year thereafter, and conversely, when in the opinion of the Public Works Director the applicant’s work is of such a nature that a period of more than one year is necessary to determine the damages caused by extreme depth of excavation or other such factor, the deposit may be held by the City until such time as all possible damages have been determined but not to exceed five (5) years from the completion of the work of restoration. The Public Works Director is authorized, with the approval of the City Manager, to accept a cash settlement for the return of any deposit sooner than herein provided. The amount of the deposit shall be determined by the Public Works Director. [Amended by Ord. No. 3153, eff. 7/7/89; formerly numbered Section 13-35; renumbered by Ord. No. 3058; 2866.]

7-1-207: OBSTRUCTING STREET, FIRE HYDRANT OR WATER, ELECTRIC AND SEWER SUBSTRUCTURES; NOTICE TO CITY DEPARTMENTS:

Whenever any excavation or obstruction obstructs, or is likely to obstruct, the use of a street or access to any fire hydrant in such a manner as to deter or hinder the operations of the Fire Department in extinguishing or controlling fire, the person making such excavation, street improvement, street betterment, facility, equipment or obstruction shall promptly notify the Fire Department giving the exact location and nature of the excavation, equipment or obstruction. The Public Service Department and the Public Works Department shall be notified when any excavation or obstruction obstructs or is likely to obstruct the functioning or use of any water, electric or sewer substructure. When any other City facility is affected or is likely to be affected by excavation activity or street uses, the appropriate City Department shall be notified by the permittee. [Formerly numbered Section 13-36; Amended by Ord. No. 3198, eff. 8/25/90; 3058.]

7-1-208: DISPLAY OF PERMIT:

Every person holding a permit under this article and engaged in the making of any fill or filling of any excavation, in any street, shall, at all times while such work is in progress, exhibit the permit authorizing such work on demand, to the Public Works Director or to any of their representatives. [Formerly numbered Section 13-37; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-209: WORK TO BE EXPEDITED; REVOCATION OF PERMIT; EXEMPTIONS:

A. All excavation/construction work performed pursuant to subsection 7-1-202A of this article shall be commenced within sixty (60) days after the issuance of a permit therefor, except that such time may be extended by the Public Works Director, for the convenience of City departments; if work is not commenced within sixty (60) days of issuance, the permit shall be revoked. Permits thus revoked may be renewed for an additional sixty (60) day period upon the payment of an additional permit fee as originally required. All work performed pursuant to an excavation permit shall be completed before the permit expires. If work is not completed before the permit expires, the permittee must apply for a new permit. When excavation work is complete the permittee shall repair and restore the street to its original condition and such repairing and restoring shall be performed with reasonable diligence so as not to obstruct the street travel thereon any more than is absolutely necessary.

B. Exemptions: All permits issued pursuant to subsection 7-1-202A6 of this article shall expire coincidentally with the permit issued by the Building Division. [Formerly numbered Section 13-38; Amended by Ord. No. 3198, eff. 8/25/90; 3058.]

7-1-210: AUTHORITY OF PUBLIC WORKS DIRECTOR TO CLOSE STREETS:

The Public Works Director may close any street or portion thereof to public travel whenever necessary for street construction, maintenance or repairs. [Formerly numbered Section 13-39; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-211: BARRIERS, LIGHTS AND SIGNS:

A. Excavations: Every person excavating any street shall place and maintain barriers at each end of such excavation and at such other places along the excavation as may be necessary to prevent accident, and shall also place and maintain lights at each end of such excavation and at distances of not more than fifty feet (50') along the line thereof, from sunset of each day to sunrise of next day, until such excavation is entirely refilled. The person doing the work of excavating shall place or post signs directing traffic around the excavation and any materials or equipment used in connection therewith. It shall be unlawful for any person to fail, refuse or neglect to comply with any requirement contained in this section.

B. Street Closing: Every street, or portion thereof, which is closed to public travel, shall be barricaded. Warning lights shall be placed on the barricades, as may be reasonably necessary, from sunset of each day to sunrise of the following day. Signs or notices to the effect that the street is closed shall be of a type approved by the Public Works Director. Signs which direct traffic in such cases may be placed or posted only by or with the approval of the Public Works Director.

C. Safety Device Placement By Public Works Department: Any person who fails to place or maintain barriers, lights, signs or other safety devices as required by subsection A of this section shall be charged for all the costs incurred by the Public Works Director or their designee in placing and maintaining said barriers, lights, signs or other safety devices, including, but not limited to, the delivery and rental fees of the equipment at those rates and fees as specified in the Burbank Fee Resolution.

D. Emergency Situations: Whenever an emergency situation arises on a City street that dictates the placement of warning lights or barricades or both for the protection of the public from a hazard created by work done or acts performed by private persons, with or without permits, on or near such street or alley, or by reason of the condition of the property of such private person which presents an imminent danger to the traveling public, the Public Works Director or their designee may place barricades, delineators and/or traffic control signs in such locations and in such quantity as in their judgment will best protect the public from the hazard so created.

E. Collection of Fees: The Public Works Director shall inform the Community Development Department of the placement of any such warning devices specified in subsections C or D of this section with a brief account of the circumstances and the name(s) of the person or persons responsible for the excavation activities and/or the creation or continuance of any hazard and the Community Development Department shall collect from such person or persons fees for placement, delivery and rental of such devices.

F. Rates and Fees: The Council shall designate in the Burbank Fee Resolution and from time to time may modify the charges for the placement, maintenance and removal of barricades, delineators and/or traffic control signs, and the daily rental of said barricades, delineators and/or traffic control signs and any other safety device placed to ensure public safety.

Said fees shall continue for each day of maintenance of the barricades, delineators and/or traffic control signs, and safety devices, until the responsible person or persons places safety devices at the site or until the hazard is eliminated, whichever first occurs. The fees herein provided shall constitute a civil debt owing to the City of Burbank. [Formerly numbered Section 13-40; Amended by Ord. No. 3828, eff. 8/24/12; 3266, 3058.]

7-1-212: WRONGFUL REMOVAL OF BARRIERS, LIGHTS AND SIGNS:

No person shall wilfully remove, injure, destroy or extinguish any barrier, warning light, sign or notice erected, placed, or posted in accordance with the provisions of this article. [Formerly numbered Section 13-41; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-213: DUTY TO PROVIDE SAFE PASSAGE AND DRAINAGE:

Every person excavating in any street shall, as may be necessary and in compliance with any order of the Public Works Director, maintain safe crossings for vehicles at intersections, safe crossings for pedestrians at intervals of not more than three hundred feet (300'), safe passage for vehicles and pedestrians when the excavation runs across the width of a street, and free access to all fire hydrant and water gates.

Whenever routing traffic over the centerline of the street is necessary, the Public Works Director shall be notified and they shall cause traffic lanes to be marked by means of barriers, rubber cones, signs or similar devices, so as to leave no doubt as to where it is intended that traffic should flow past the obstruction. All materials for excavation shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to traffic. If the street is not wide enough to handle the excavation material without using part of the adjacent sidewalk, the person making the excavation shall erect a tight board fence upon and along such sidewalk and keep a passageway of at least five feet (5') in width open upon and along such sidewalk. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot (1') in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and maintained at all times. [Formerly numbered Section 13-42; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-214: STORAGE OF MATERIALS ON STREET:

Every holder of a permit for the doing of work under this article is authorized to place materials necessary for the doing of such work in the street, provided that such materials are placed, barricaded and lighted as required by subsection 7-1-211A of this article, or any other ordinance of the City or law of the State. [Formerly numbered Section 13-43; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-215: INSPECTION AND APPROVAL BY PUBLIC WORKS DIRECTOR:

All work performed in connection with the installation, repair or alteration of sidewalks, curbs, gutters or driveway aprons and for street and alley surfacing shall be performed to the satisfaction of the Public Works Director and under the supervision of their authorized representative. The permittee shall notify the Public Works Director at least twenty four (24) hours before the time for any inspection. Any work completed without such request for inspection will not be accepted by the Public Works Director. [Formerly numbered Section 13-44; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-216: SPECIFICATIONS FOR RESURFACING MATERIALS:

All materials for resurfacing sidewalks, driveways, aprons, curbs, gutters and the like shall be of a mixture of binder and aggregate in accordance with the specifications therefor on file in the office of the Public Works Director. [Formerly numbered Section 13-45; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-217: WIDTH AND NUMBER OF DRIVEWAYS:

The maximum width of any driveway installed under the provisions of this article shall not exceed seventeen feet (17') in Zones R-1, R-2, R-3, R-4 and R-5, or thirty feet (30') in other zones; provided, however, that the Public Works Director, in their discretion, may allow additional widths for driveways. No driveway approach may cross a property line, as extended, without the consent of the Public Works Director; and in cases where more than one driveway serves the same lot or parcel of land in a residential zone, there shall be a curb space of not less than twenty feet (20') between such driveways. [Formerly numbered Section 13-46; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-218: PUBLIC WORKS DIRECTOR TO REPAIR DAMAGE TO STREET:

Where existing street improvements have been excavated or damaged as the result of underground installations or other work for which a permit has been issued under this article, the Public Works Director may elect to have the City restore said improvement at the permittee’s expense, in which event the restoration of said improvements shall be made by the Public Works Director and the cost thereof charged to the holder of the permit, in accordance with the current prevailing schedule of charges on file in the office of the Public Works Director. The Public Works Director shall and they are hereby authorized to establish, subject to the approval of the City Manager, a schedule of charges to be made for patching pavement and restoring curbs, gutters, sidewalks and other street improvements damaged by the holder of any permit under this article, and to change such schedule from time to time, subject to the approval of the City Manager, in order to conform to the prevailing prices for materials and labor. The schedule shall be open to public inspection in the office of the Public Works Director upon the demand of any person interested therein. [Formerly numbered Section 13-47; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-219: FILING MAPS OF UNDERGROUND INSTALLATIONS:

Every person owning, using, controlling, or having an interest in pipes, conduits, ducts, tunnels, or other structures under the surface of any street, used for the purpose of supplying or conveying gas, electricity, communication impulses, water, steam, ammonia or oil in, to or from the City or to or from its inhabitants, or for any other purpose:

A. Complete Map: Shall file with the Public Works Director on demand, within one hundred twenty (120) days after the adoption of this code, a map or set of maps, each drawn to a scale of not less than two hundred feet (200') to one inch (1"), showing in detail the exact location, size, description and date of installation, if known, of all mains, laterals, services and service pipes, and of all valves, pressure regulators, drips, maintenance holes, hand holes, transformers, chambers or other appliances installed beneath the surface of the street belonging to, used by, or under the control of such person, or in which such person has any interest;

B. Corrected Map: Shall file with the Public Works Director within fifteen (15) days after the first day of January of each and every year, a corrected map or set of maps, each drawn to a scale of not less than two hundred feet (200') to one inch (1"), showing the complete installation of all such pipes, conduits, ducts, tunnels, or other structures, including all installations made during the previous year, to and including the last day of each year;

C. Portion of Map: Shall file with the Public Works Director, within twenty four (24) hours after the receipt of a written request to do so, copies of any portion of any map or maps of such installation; and

D. Maps to Be Accompanied By Affidavit: Each map herein required shall be accompanied by an affidavit endorsed thereon, to the effect that the same correctly exhibits the details required to be shown by this section. [Formerly numbered Section 13-48; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-220: NOTICE OF ABANDONMENT OF UNDERGROUND INSTALLATION³:

Whenever any pipe, conduit, duct, tunnel, or other structure located under the surface of any street, or the use thereof, is abandoned, the person owning, using, controlling or having an interest therein shall, within thirty (30) days after such abandonment, file with the Public Works Director a statement in writing, giving in detail the location of the pipe, conduit, duct, tunnel, or other structure so abandoned. Each map, or set of maps, filed pursuant to the provisions of this article shall show in detail the location of all such pipes, conduits, ducts, tunnels, or other structures abandoned subsequent to the filing of the last preceding map or set of maps. [Formerly numbered Section 13-49; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-221: REMOVAL OF OBSTRUCTIONS IN WAY OF PUBLIC IMPROVEMENTS:

A. Notice to Owner: Whenever the Public Works Director shall determine that it is reasonable and necessary that any property located in, upon, over or under any street be temporarily disconnected and reconnected, or permanently moved, relocated or removed from any street in order that the City or other governmental agency or instrumentality may, in its governmental capacity, most economically under modern engineering and construction methods, install, construct, build or erect any public improvement or works, in, on, over, under or along such street, or any other street, the Public Works Director shall, with the approval of the City Manger, notify the person owning, maintaining or controlling such property to move, relocate or temporarily disconnect the same, as may be determined by the Public Works Director;

B. Contents of Notice: Such notice shall identify and refer to the property to be moved, relocated or temporarily disconnected. When relocation is required, such notice shall designate the location to which the same shall be removed; and

C. Removal by Owner or Public Works Director: Every person given such notice shall, within ten (10) days thereafter, begin the work of moving, relocating or disconnecting their property as designated therein and shall prosecute such work diligently to completion; otherwise the Public Works Director shall have the power to do the same and the cost necessarily incurred to do such work may be recovered by the City from the person owning, maintaining or controlling such property. [Formerly numbered Section 13-50; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-222: DAMAGE TO TREES:

Every person making an excavation, tunnel or bore in or under the surface of any street shall exercise due care in performing such work in order that damage to any trees growing therein shall be avoided. It shall be the duty of the person making the excavation, tunnel or bore to notify the Park, Recreation and Community Services Department whenever there is danger of such damage occurring. [Formerly numbered Section 13-51; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-223: LAWS AFFECTING WORK:

Every person requiring a permit under this article shall comply with all safety laws, orders, ordinances, and regulations of the State and City which in any manner affect the persons and work to be done, and shall keep themselves fully informed of all laws, ordinances, and regulations in any manner affecting those engaged or empowered in the work, or the materials and appliances used in the work, or in any way affecting the conduct of the work, and of all orders and decrees of bodies or tribunals having jurisdiction or authority over same. They shall at all times themselves observe and comply with, and shall cause their agents and employees to observe and comply with such existing and future laws, ordinances, regulations, orders and decrees, and shall indemnify and save harmless the City, its officers, employees and representatives against any and all claims or liability of any kind or nature arising from or based upon the violation of any such law, order, ordinance, regulation, or decree whether by themselves or their representatives or employees. [Formerly numbered Section 13-52; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-224: CONSENT OF PUBLIC WORKS DIRECTOR:

During the progress of the work, excavations, closure of streets, obstructions and impediments to the normal use of streets by the public shall not be done by any such person without first obtaining the consent of the Public Works Director, and arrangements made to safeguard the public and to not unduly impede traffic movement consistent with the work to be done. Such person shall conduct their operations so as to cause the minimum obstruction and inconvenience to traffic and to places of business and residences adjacent to the work. No greater quantity of work shall be under construction at any one time than can be properly conducted with due regard to the rights of the public. Where existing streets are not available as detours, all traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. [Formerly numbered Section 13-53; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-225: HAULING; EXCAVATIONS:

A. Routes: In cases where the Public Works Director designates the haul routes, such designation of routes shall take into consideration the most practical means of transporting the construction materials to or from the excavation site consistent with the safety and welfare of residents and motorists along the routes.

B. Maintenance of Roadways: All public roadways used by the permittee shall be maintained free from all dust, dirt, and debris caused by the excavation operations.

C. Spillage: All vehicle loads shall be trimmed and watered, or otherwise secured, so as to prevent spillage from the equipment.

D. Equipment: In no event shall any export or import of construction materials to or from an excavation site over dedicated and improved streets in the City be undertaken or conducted except by use of equipment which complies in all respects with the State Vehicle Code. [Added by Ord. No. 3460, eff. 4/12/97.]

ARTICLE 3. PROHIBITED ACTIVITIES⁴

7-1-301: EXCAVATING, DEPOSITING AND DUMPING IN RESIDENTIAL ZONE:

A. Causing Dust and Noise: No person shall, upon any private property within any residential zone as described in the zoning laws of this City, dig, excavate, separate, screen or dredge for sand, gravel, earth, rock, stone, minerals, or any other substance so as to cause sand, dust or dirt to be either blown or deposited over and upon the inhabited premises of others, or across or upon any street or public way.

B. Dumping Above Official Street Grade: No person shall, upon any private property within any residential zone as described in the zoning laws of this City, dump or deposit to a level above the official grade of an abutting street, any loose earth, sand, gravel, or any other similar material, so as to cause or result in sand, dust or dirt being blown over or on the inhabited premises of others, or across any street or public way, or so as to cause or allow such materials to be washed or eroded over and upon the premises of another or upon any street or public way.

C. Exceptions: The foregoing prohibitions shall not apply to work necessary for the erection or alteration of a building or structure pursuant to a valid building permit issued therefor under the provisions of Title 9, Chapter 1 of this code; or to improvement work done pursuant to a plan for subdividing and improving land carried out as contemplated by Title 11, Chapter 1 of this code, nor to work done pursuant to any express permit issued under Title 9, Chapter 1, or under any ordinance of this City requiring an express permit; provided, however, that no person shall claim or be entitled to the benefit of this exception who does not, diligently and without unnecessary or unreasonable delay, proceed to complete such work in a manner calculated to avoid undue annoyance to the occupants of nearby habitations. [Formerly numbered Section 13-54; renumbered by Ord. No. 3058, eff. 2/21/87; 2338, 2336, 2218.]

7-1-302: DUMPING CREATING DANGER OF EROSION:

No person shall dump, deposit, move or place any earth, sand, gravel, rock, debris or other material, or maintain, permit or allow the same to remain in a condition so as to create the danger, possibility or probability that the same will roll, slip, slide, erode, flow or wash upon or over any public property, or upon or over privately owned property without the prior written consent of the owner thereof, or upon or over any street or other public way or place. [Formerly numbered Section 13-55; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-303: HAULING EARTH, SAND AND ROCK:

No person shall, when hauling any earth, sand, gravel, rock, stone, or other excavated material over any street or public way, allow such materials to blow or spill over and upon such street or public way, or over and upon any adjacent private property; and any such materials that may be spilled on any public street or place from any vehicle transporting such materials shall be immediately removed in a manner satisfactory to the Public Works Director at the expense of the person to whom the permit to excavate was issued. [Formerly numbered Section 13-56; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 4. BLASTING

7-1-401: LICENSE REQUIREMENT:

Every person engaging in, or performing any act of, blasting shall qualify as provided in this article and shall pay a license fee of ten dollars ($10.00) per year. [Formerly numbered Section 13-57; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-402: QUALIFICATIONS OF LICENSEE:

Applicants for a blasting license shall be at least twenty one (21) years of age, shall be of temperate habits, shall have letters of recommendation from at least one employer (if previously employed), shall be familiar with the laws and regulations governing the transportation, storage, and use of explosives, and shall be familiar with the risks incident to blasting and capable of taking all necessary precautions with regard thereto. [Formerly numbered Section 13-58; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-403: APPROVAL OF APPLICATION FOR LICENSE:

Applications for a blasting license shall be referred to the Public Works Director for approval. Applicants for such license shall appear before the Public Works Director in person and shall be examined as to qualifications, character and fitness to perform the work of blasting. The Public Works Director shall, in the exercise of a sound and reasonable discretion, approve or disapprove the application. [Formerly numbered Section 13-59; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-404: BOND:

Every applicant shall file a surety bond with the City in the sum of one thousand dollars ($1,000.00) conditioned that in the event any damage to persons or property shall be caused by reason of the acts of such applicant, the person injured by reason of such acts may recover thereon. [Formerly numbered Section 13-60; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-405: PERMIT:

No person shall blast or use any explosives for blasting purposes without first obtaining a permit so to do from the Public Works Director. Permits for blasting shall be issued only to licensees under this article. [Formerly numbered Section 13-61; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-406: APPLICATION FOR PERMIT:

In addition to the information required by Section 3-6-202 of this code, applications for a blasting permit shall contain a description of the premises wherein or whereon the blasting is to be done, and the permit, when issued, shall include such description, together with the hours between which blasting is to be permitted. [Formerly numbered Section 13-62; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-407: PERMIT FEE:

Applicants for such permit shall pay a minimum permit fee of two dollars ($2.00) and, in addition thereto, shall deposit with the City such sum as the Public Works Director may deem necessary for the payment of probable costs of inspection and supervision in connection therewith. The Public Works Director shall keep a record of such costs and, at the expiration of the permit, shall deduct the amount thereof from the monies on deposit, refunding the balance, if any, to the permittee. In the event the deposit shall not be sufficient to cover all of the costs incurred by the City, the permittee shall, upon demand by the Public Works Director, pay to the City such additional sum as shall be necessary to fully compensate the City for such costs. [Formerly numbered Section 13-63; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-408: ISSUANCE OF PERMIT:

Before issuing a permit hereunder, the Public Works Director shall satisfy themselves that the granting of such permit will in no way jeopardize or seriously menace the public peace, health or safety, and for this purpose, may consider any facts bearing on the location where the blasting is proposed to be done, the experience of the applicant, and any other facts tending to enlighten the Public Works Director in said respect. The Public Works Director’s determination as to whether or not the permit shall be granted shall be final and conclusive. [Formerly numbered Section 13-64; renumbered by Ord. No. 3058, eff. 2/21/87.]

7-1-409: RECOVERY ON BOND NOT PRECLUDED BY REVOCATION:

The revocation of any license or permit issued under this article shall not prevent a recovery upon the bond for any damages or injuries sustained prior thereto. [Formerly numbered Section 13-65; renumbered by Ord. No. 3058, eff. 2/21/87.]

State law reference: As to requirement of notice of intent to excavate to adjoining owners, see C.C. § 832.

State law reference: As to degree of care required in excavating and lateral and subjacent support, see C.C. § 832.

State law reference: As to abandonment of excavations, see Gov.C. §§ 50230-50256, Health & S.C. §§ 24400-24403.

State law reference: As to digging on land of third parties, see Pen.C. § 602.

CHAPTER 1EXCAVATIONS

7-1-101: PURPOSE: